Senate Bill S5836

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5836

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 8, 2009
                               ___________

Introduced  by  Sens.  STAVISKY,  LAVALLE,  ADAMS, BRESLIN, DeFRANCISCO,
  FARLEY, FLANAGAN, FOLEY, HANNON, C. JOHNSON, LARKIN,  LIBOUS,  LITTLE,
  MAZIARZ, SKELOS, STACHOWSKI, VALESKY, VOLKER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN  ACT  to  amend the education law, the public authorities law and the
  general municipal law, in relation to  authorizing  tuition  increases
  for  four  University  Centers  of the State University of New York at
  Albany, Binghamton, Buffalo, and Stony  Brook,  SUNY  Upstate  Medical
  University,  and  SUNY Downstate Medical Center (Part A); to amend the
  education law, in relation to the use of four  University  Centers  of
  the  State  University of New York at Albany, Binghamton, Buffalo, and
  Stony Brook, SUNY  Upstate  Medical  University,  and  SUNY  Downstate
  Medical Center (Part B); to amend the education law, the state finance
  law and the tax law, in relation to the ability of the state universi-
  ty  trustees to purchase items and enter into contracts and agreements
  (Part C); to amend the education law and the  state  finance  law,  in
  relation  to  the  distribution of money received from various sources
  related to the four University Centers of the State University of  New
  York  at  Albany,  Binghamton,  Buffalo, and Stony Brook, SUNY Upstate
  Medical University, and SUNY Downstate Medical Center (Part D); and to
  amend the education law, in relation to providing that certain  leases
  of  the four University Centers of the State University of New York at
  Albany, Binghamton, Buffalo, and Stony  Brook,  SUNY  Upstate  Medical
  University, and SUNY Downstate Medical Center need not be submitted to
  the attorney general for his or her approval (Part E)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "SUNY inno-
vation and economic growth act".
  S 2. Legislative findings and intent.  This legislation will allow the
four University Centers in the State University of  New  York  system  -

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14253-01-9
              

S. 5836                             2

Albany,  Binghamton,  Buffalo, and Stony Brook - and the two stand-alone
medical schools in the State University of New  York  system  -  Upstate
Medical  University (Syracuse) and Downstate Medical Center (Brooklyn) -
greater  flexibility  and  autonomy  in  regard to leasing, contracting,
tuition increases, and overall daily operations.
  The SUNY Innovation and Economic  Growth  Act  will  enable  the  four
University  Centers of the State University of New York at Albany, Bing-
hamton, Buffalo, and Stony Brook, SUNY Upstate Medical  University,  and
SUNY  Downstate  Medical  Center to seek: a more rational tuition policy
with regular increases and an  acknowledgment  that  it  costs  more  to
educate  students  at  research  universities  and medical colleges; the
ability to  retain  the  revenue  generated  by  tuition;  spending  and
contracting  flexibility as recommended by the New York state commission
on higher education to better serve  students,  faculty/researchers  and
staff  in  a timely manner; access to capital markets to enable campuses
to build the infrastructure necessary to support  the  state's  economic
development  mission;  and  the  ability  to  lease or purchase land and
facilities. The legislation will require the state of New York to  main-
tain  its  current  level of financial commitment to the four University
Centers of the State University  of  New  York  at  Albany,  Binghamton,
Buffalo,  and  Stony  Brook,  SUNY  Upstate Medical University, and SUNY
Downstate Medical Center.
  The State University of New York continues to be the  most  over-regu-
lated  public  university system in the nation. This legislation is long
overdue and necessary if the State University is to maintain accessibil-
ity and quality, while remaining at the forefront of  peer  institutions
across  the nation. As the New York state commission on higher education
recommended, the state must unshackle SUNY, end micromanagement and free
the system to focus on achieving  excellence  in  a  competitive  global
environment.
  The  four  University Centers at Albany, Binghamton, Buffalo and Stony
Brook, SUNY Upstate  Medical  University,  and  SUNY  Downstate  Medical
Center  are  essential  to sustaining growth in their respective regions
with a cumulative impact  of  more  than  $10  billion.  The  university
centers and medical colleges return substantially more than they receive
in  investment  from  the state. The SUNY Innovation and Economic Growth
Act will strengthen the ability of the four University  Centers  of  the
State  University  of New York at Albany, Binghamton, Buffalo, and Stony
Brook, SUNY Upstate  Medical  University,  and  SUNY  Downstate  Medical
Center  to  lead  economic  revitalization and provide sustained growth.
Innovation and high-tech development present the most promising opportu-
nities to revitalize New York's  economy.  The  University  Centers  and
medical  colleges  are building the next-generation industries that will
provide a stable, knowledge-based economic catalyst. The SUNY Innovation
and Economic Growth Act will  further  transform  the  State  University
Centers  and  medical  colleges  into  model twenty-first century public
universities.
  The legislation provides a mechanism for the  legislature  to  monitor
implementation  of  these  reforms by the four University Centers of the
State University of New York at Albany, Binghamton, Buffalo,  and  Stony
Brook,  SUNY  Upstate  Medical  University,  and  SUNY Downstate Medical
Center, their impact in their respective regions,  and  their  potential
for  broader  application.  This monitoring shall include the efforts by
and on behalf of the four University Centers of the State University  of
New  York  at Albany, Binghamton, Buffalo, and Stony Brook, SUNY Upstate
Medical University, and  SUNY  Downstate  Medical  Center  to  ensure  a

S. 5836                             3

diverse  workforce  in  SUNY  Innovation and Economic Growth Act capital
projects.
  S  3.  This  act enacts into law major components of legislation which
are necessary for the efficient and productive  operation  of  the  four
University  Centers of the State University of New York at Albany, Bing-
hamton, Buffalo, and Stony Brook, SUNY Upstate Medical  University,  and
SUNY Downstate Medical Center. Each component is wholly contained within
a  Part identified as Parts A through E. The effective date or dates for
each particular provision contained within such Part are  set  forth  in
the  last  section  of such Part. Any provision in any section contained
within a Part, including the effective date of  the  Part,  which  makes
reference  to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding section of the Part in which it is found.

                                 PART A

  Section  1.  Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
  (4) [The] EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO  STUDENTS  AT
THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBA-
NY, BINGHAMTON, BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSI-
TY,  AND  SUNY  DOWNSTATE MEDICAL CENTER THE trustees shall not impose a
differential tuition charge based upon need or income. [All]  EXCEPT  AS
HEREINAFTER  PROVIDED  WITH  RESPECT  TO STUDENTS AT THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE MEDICAL UNIVERSITY, AND SUNY
DOWNSTATE MEDICAL CENTER ALL students enrolled in  programs  leading  to
like  degrees  at  state-operated  institutions  of the state university
shall be charged a uniform  rate  of  tuition  except  for  differential
tuition  rates based on state residency.  EXCEPT AS HEREINAFTER PROVIDED
WITH RESPECT TO STUDENTS AT THE FOUR UNIVERSITY  CENTERS  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK,
SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER,  THE
TRUSTEES  SHALL NOT ADOPT CHANGES AFFECTING TUITION CHARGES PRIOR TO THE
ENACTMENT OF THE ANNUAL BUDGET. Provided, however, that the trustees may
authorize the presidents of the colleges of technology and the  colleges
of agriculture and technology to set differing rates of tuition for each
of  the colleges for students enrolled in degree-granting programs lead-
ing to an associate degree and non-degree granting programs so  long  as
such  tuition  rate does not exceed the tuition rate charged to students
who are enrolled in like degree programs or degree-granting  undergradu-
ate  programs  leading to a baccalaureate degree at other state-operated
institutions of the state university of New York[.  The  trustees  shall
not  adopt  changes  affecting tuition charges prior to the enactment of
the annual budget.] AND PROVIDED FURTHER, THAT,
  A. COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN  ACADEMIC
YEAR, THE PRESIDENTS OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVER-
SITY  OF  NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK, SUNY
UPSTATE MEDICAL  UNIVERSITY,  AND  SUNY  DOWNSTATE  MEDICAL  CENTER,  IN
CONSULTATION  WITH  THEIR  RESPECTIVE COLLEGE COUNCILS, MAY RECOMMEND TO
THE TRUSTEES DIFFERING RATES OF TUITION  BY  PROGRAM  AND,  WITHIN  EACH
PROGRAM,  BY CLASS YEAR, AND DIFFERING RATES OF TUITION BASED UPON FULL-
TIME, PART-TIME, IN-STATE AND OUT-OF-STATE STATUS, FOR STUDENTS ENROLLED
IN DEGREE GRANTING PROGRAMS AT THE FOUR UNIVERSITY CENTERS OF THE  STATE

S. 5836                             4

UNIVERSITY  OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK,
SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER.
  B.  THE  STATE  OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK SHALL
DISREGARD ANY TUITION INCREASES FOR  STUDENTS  AT  THE  FOUR  UNIVERSITY
CENTERS  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, AND STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY
DOWNSTATE  MEDICAL  CENTER  PURSUANT TO CLAUSE A OF THIS SUBPARAGRAPH IN
DETERMINING ANY ANNUAL CORE INSTRUCTIONAL SUPPORT OR OTHER ANNUAL APPRO-
PRIATIONS TO BE PROVIDED TO EITHER THE STATE UNIVERSITY OF NEW  YORK  OR
THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBA-
NY, BINGHAMTON, BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSI-
TY,  AND  SUNY  DOWNSTATE  MEDICAL CENTER.   IN AMPLIFICATION AND NOT IN
LIMITATION OF THE FOREGOING, NEITHER THE STATE OF NEW YORK NOR THE STATE
UNIVERSITY OF NEW YORK  SHALL  PROVIDE  ANY  INCREASES  TO  ANNUAL  CORE
STATE-TAX  FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENE-
FIT PAYMENTS OR OTHER ANNUAL APPROPRIATIONS OF ANY KIND OR NATURE TO  OR
ON BEHALF OF ANY SUNY FOUR YEAR COLLEGE AT A LEVEL, THAT IS, IN ANY WAY,
INCONSISTENT  WITH  OR  INFERIOR  TO  THE  FUNDING  METHODS EMPLOYED FOR
INCREASES IN ANNUAL CORE STATE-TAX FUNDED INSTRUCTIONAL SUPPORT, EMPLOY-
EE SALARY OR FRINGE BENEFIT PAYMENTS OR OTHER APPROPRIATIONS OF ANY KIND
OR NATURE MADE TO OR ON BEHALF OF THE FOUR  UNIVERSITY  CENTERS  OF  THE
STATE  UNIVERSITY  OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY
BROOK, SUNY UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY  DOWNSTATE  MEDICAL
CENTER.    FURTHERMORE, UNTIL SUCH TIME AS THE PROGRAM OBJECTIVES OF THE
SUNY INNOVATION AND ECONOMIC GROWTH ACT ARE ACHIEVED, NEITHER THE  STATE
OF NEW YORK NOR THE STATE UNIVERSITY OF NEW YORK WILL REDUCE ANNUAL CORE
STATE-TAX  FUNDED INSTRUCTIONAL SUPPORT, EMPLOYEE SALARY OR FRINGE BENE-
FIT PAYMENTS OR OTHER APPROPRIATIONS OF ANY KIND OR NATURE MADE TO OR ON
BEHALF OF THE FOUR UNIVERSITY CENTERS OF THE  STATE  UNIVERSITY  OF  NEW
YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  AND  STONY BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER SO AS TO CAUSE THE
PROPORTIONATE LEVEL OF SUPPORT, PAYMENTS AND APPROPRIATIONS FOR ANY SUNY
FOUR YEAR COLLEGE TO BE GREATER THAN THE LEVEL OF SUCH SUPPORT, PAYMENTS
AND APPROPRIATIONS AFFORDED THE FOUR UNIVERSITY  CENTERS  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK,
SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE  MEDICAL  CENTER  IN
COMPARISON  TO  SUCH  OTHER INSTITUTIONS FOR THE TWO THOUSAND EIGHT--TWO
THOUSAND NINE STATE FISCAL YEAR.
  C. NOTWITHSTANDING ITEM (C) OF SUBCLAUSE ONE OF CLAUSE (A) OF SUBPARA-
GRAPH (I) OF PARAGRAPH A OF SUBDIVISION THREE  OF  SECTION  SIX  HUNDRED
SIXTY-SEVEN  OF  THIS  TITLE,  COMMENCING WITH THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN ACADEMIC YEAR, THE STATE OF  NEW  YORK  SHALL  CALCULATE
TUITION  ASSISTANCE  PROGRAM  (TAP)  PAYMENTS  FOR  STUDENTS AT THE FOUR
UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY,  BING-
HAMTON,  BUFFALO,  AND STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, AND
SUNY DOWNSTATE MEDICAL CENTER USING THE  APPLICABLE  TUITION  RATES  FOR
STUDENTS  AT FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK
AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK,  SUNY  UPSTATE  MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER AS THE BASE TAP AMOUNT FOR
SUCH STUDENTS.
  D.  A  PORTION  OF  THE  NET  TUITION REVENUE GENERATED BY THE TUITION
INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH,  TO  BE  NOT  LESS
THAN TEN PERCENT NOR MORE THAN TWENTY PERCENT OF SUCH NET TUITION REVEN-
UE,   SHALL   BE   DIRECTED   TO   FINANCIAL   AID  PROGRAMS  TO  ASSIST
FINANCIALLY-DISADVANTAGED STUDENTS IN THE CORRESPONDING FOUR  UNIVERSITY
CENTERS  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON,

S. 5836                             5

BUFFALO, AND STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY
DOWNSTATE MEDICAL CENTER DEGREE GRANTING PROGRAMS.
  E.  THE PRESIDENTS OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVER-
SITY OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY  BROOK,  SUNY
UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY  DOWNSTATE MEDICAL CENTER SHALL
PROVIDE, NO LATER THAN SEPTEMBER FIFTEENTH, PUBLIC NOTICE OF ANY TUITION
INCREASES FOR THE FOLLOWING ACADEMIC YEAR. SUCH  NOTICE  SHALL  DESCRIBE
THE  TUITION  FOR  EACH DEGREE PROGRAM, THE PLANS FOR UTILIZATION OF THE
REVENUE FROM THE INCREASED TUITION BY THE FOUR UNIVERSITY CENTERS OF THE
STATE UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO,  AND  STONY
BROOK,  SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY DOWNSTATE MEDICAL
CENTER AND THE PROJECTED IMPACT OF THE TUITION INCREASES ON  THE  ACCESS
TO AND QUALITY OF THE AFFECTED DEGREE GRANTING PROGRAMS.
  F.  ALL  MONEYS  RECEIVED  BY THE FOUR UNIVERSITY CENTERS OF THE STATE
UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY  BROOK,
SUNY  UPSTATE  MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER FOR
TUITION INCREASES DESCRIBED IN CLAUSE A OF THIS SUBPARAGRAPH  SHALL  NOT
CONSTITUTE  FUNDS OF THE STATE OF NEW YORK OR OF THE STATE UNIVERSITY OF
NEW YORK AND SHALL BE PAID INTO A FUND MAINTAINED BY THE COMPTROLLER  OF
THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBA-
NY, BINGHAMTON, BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSI-
TY,  AND SUNY DOWNSTATE MEDICAL CENTER TO BE USED BY THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE MEDICAL UNIVERSITY, AND SUNY
DOWNSTATE MEDICAL CENTER FOR EXPENSES OF THE FOUR UNIVERSITY CENTERS  OF
THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND
STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL
CENTER, WITHOUT THE NEED FOR  ANY  FURTHER  APPROVAL,  APPROPRIATION  OR
AUTHORIZATION  FROM THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW
YORK.
  S 2. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
authorities  law is amended by adding two new undesignated paragraphs to
read as follows:
  THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT
ALBANY,  BINGHAMTON,  BUFFALO,  AND  STONY  BROOK,  SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER, IN  CONNECTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING  AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR ACADEMIC BUILD-
INGS, DORMITORIES, AND OTHER FACILITIES ON LANDS HELD BY  THE  STATE  OF
NEW  YORK  FOR  THE  BENEFIT OF THE FOUR UNIVERSITY CENTERS OF THE STATE
UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY  BROOK,
SUNY  UPSTATE  MEDICAL  UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER OR
LANDS LEASED BY THE STATE OF NEW YORK OR THE FOUR UNIVERSITY CENTERS  OF
THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND
STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL
CENTER FOR USE BY STUDENTS, FACULTY AND STAFF  OF  THE  FOUR  UNIVERSITY
CENTERS  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, AND STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY
DOWNSTATE MEDICAL CENTER.
  ANY OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK
AT  ALBANY,  BINGHAMTON,  BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER CAMPUS-RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR  ASSOCIATION  ORGANIZED  BY  THE PRESIDENTS OR THE ALUMNI OF THE FOUR
UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY,  BING-

S. 5836                             6

HAMTON,  BUFFALO,  OR  STONY  BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY DOWNSTATE MEDICAL CENTER TO FURTHER ITS PURPOSES,  OR  ANY  LIMITED
LIABILITY  COMPANY  WHOSE  SOLE MEMBER IS ANY ONE OF THE FOREGOING ENTI-
TIES,  IN  CONNECTION  WITH  THE  FINANCING,  REFINANCING,  ACQUISITION,
DESIGN, DEVELOPMENT, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILI-
TATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING OF,  OR  OTHER-
WISE  PROVIDING  FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILI-
TIES FOR THE USE OF STUDENTS, FACULTY AND STAFF OF THE  FOUR  UNIVERSITY
CENTERS  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, AND STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY
DOWNSTATE MEDICAL CENTER.
  S  3.  Subdivision  1 of section 1680 of the public authorities law is
amended by adding two new undesignated paragraphs to read as follows:
  THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT
ALBANY,  BINGHAMTON,  BUFFALO,  AND  STONY  BROOK,  SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER  IN  CONNECTION  WITH  THE
FINANCING,  REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT, CONSTRUCTION,
RECONSTRUCTION,  RENOVATION,  REHABILITATION,  IMPROVEMENT,   EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS,  DORMITORIES,  AND  OTHER FACILITIES ON LANDS HELD BY THE STATE OF
NEW YORK FOR THE BENEFIT OF THE FOUR UNIVERSITY  CENTERS  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, AND STONY BROOK,
SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE  MEDICAL  CENTER  OR
LANDS  LEASED BY THE STATE OF NEW YORK OR THE FOUR UNIVERSITY CENTERS OF
THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  OR
STONY  BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL
CENTER FOR USE BY STUDENTS, FACULTY AND STAFF  OF  THE  FOUR  UNIVERSITY
CENTERS  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, AND STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY
DOWNSTATE MEDICAL CENTER.
  ANY OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK
AT  ALBANY,  BINGHAMTON,  BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER CAMPUS-RELATED FOUNDATION,
ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT  CORPORATION
OR  ASSOCIATION  ORGANIZED  BY  THE  PRESIDENTS  OF  THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE MEDICAL UNIVERSITY, AND SUNY
DOWNSTATE MEDICAL CENTER TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABIL-
ITY COMPANY WHOSE SOLE MEMBER IS ANY ONE OF THE FOREGOING  ENTITIES,  IN
CONNECTION  WITH THE FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVEL-
OPMENT,  CONSTRUCTION,   RECONSTRUCTION,   RENOVATION,   REHABILITATION,
IMPROVEMENT,  EXPANSION,  FURNISHING  AND  EQUIPPING  OF,  OR  OTHERWISE
PROVIDING FOR, ACADEMIC BUILDINGS, DORMITORIES, AND OTHER FACILITIES FOR
THE USE OF STUDENTS, FACULTY AND STAFF OF THE FOUR UNIVERSITY CENTERS OF
THE STATE UNIVERSITY OF NEW YORK AT  ALBANY,  BINGHAMTON,  BUFFALO,  AND
STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, AND SUNY DOWNSTATE MEDICAL
CENTER.
  S  4. Any contracts awarded or entered into by the dormitory authority
pursuant to this act shall be deemed state contracts within the  meaning
of  that term as set forth in article 15-A of the executive law; and the
authority shall be deemed, for the purposes of this act,  a  contracting
agency as that term is used in article 15-A of the executive law.
  S  5. Any contracts awarded or entered into by any of the four Univer-
sity Centers of the State University of New York at Albany,  Binghamton,
Buffalo,  or Stony Brook, SUNY Upstate Medical University, or SUNY Down-
state Medical Center campus related foundation,  alumni  association  or

S. 5836                             7

affiliate  thereof, any not-for-profit corporation or association organ-
ized by the presidents of the  four  University  Centers  of  the  State
University  of  New York at Albany, Binghamton, Buffalo, or Stony Brook,
SUNY  Upstate  Medical  University,  or SUNY Downstate Medical Center to
further their purposes, or any  limited  liability  company  whose  sole
member  is  any of the foregoing entities, or by the State University of
New York, the State  University  Construction  Fund,  or  the  Dormitory
Authority  of  the  State  of New York, on behalf of the four University
Centers of the State University  of  New  York  at  Albany,  Binghamton,
Buffalo,  or Stony Brook, SUNY Upstate Medical University, or SUNY Down-
state Medical  Center,  for  construction,  reconstruction,  renovation,
rehabilitation,  improvement or expansion at the four University Centers
of the State University of New York at Albany, Binghamton,  Buffalo,  or
Stony  Brook, SUNY Upstate Medical University, or SUNY Downstate Medical
Center shall not be subject to section 101 of the general municipal law,
section 103 of the general municipal  law,  section  135  of  the  state
finance  law  or  subdivision  8  of  section  376 of the education law,
provided the wages paid to workers employed under such  contracts  shall
comply  with  the  requirements  of  section  220  of the labor law, the
construction, reconstruction, renovation, rehabilitation, improvement or
expansion to be effected under such contracts shall comply with sections
240 and 241 of the labor law and all contracts awarded or  entered  into
by  any  of  the  four University Centers of the State University of New
York at Albany,  Binghamton,  Buffalo,  or  Stony  Brook,  SUNY  Upstate
Medical  University,  or  SUNY  Downstate  Medical Center campus related
foundation, alumni association or affiliate thereof; any  not-for-profit
corporation  or  association  organized  by  the  presidents of the four
University Centers of the State University of New York at Albany,  Bing-
hamton,  Buffalo,  or  Stony  Brook, SUNY Upstate Medical University, or
SUNY Downstate Medical Center to further their purposes, or any  limited
liability company whose sole member is any of the foregoing entities, or
the  State  University  of  New  York, the State University Construction
Fund, the Dormitory Authority of the State of New York, on behalf of the
four University Centers of the State University of New York  at  Albany,
Binghamton, Buffalo, or Stony Brook, SUNY Upstate Medical University, or
SUNY  Downstate  Medical Center, for construction, reconstruction, reno-
vation, rehabilitation, improvement or expansion at the four  University
Centers  of  the  State  University  of  New York at Albany, Binghamton,
Buffalo, or Stony Brook, SUNY Upstate Medical University, or SUNY  Down-
state  Medical  Center  may  be  let pursuant to a competitive selection
process to be determined by the contracting entity, which  may  consider
factors  other  than cost alone, including, but not limited to an evalu-
ation by the contracting entity of, among  other  things,  the  bidder's
ability  to provide maximum value at the lowest cost, the level of expe-
rience of the bidder, and the bidder's ability to meet the minority  and
women  workforce  and  business enterprise goals for the SUNY Innovation
and Economic Growth Act.
  S 6. Any contracts awarded or entered into by any of the four  Univer-
sity  Centers of the State University of New York at Albany, Binghamton,
Buffalo, or Stony Brook, SUNY Upstate Medical University, or SUNY  Down-
state  Medical  Center  campus related foundation, alumni association or
affiliate thereof, any not-for-profit corporation or association  organ-
ized  by  the  presidents  of  the  four University Centers of the State
University of New York at Albany, Binghamton, Buffalo, or  Stony  Brook,
SUNY  Upstate  Medical  University,  or SUNY Downstate Medical Center to
further their purposes, or any  limited  liability  company  whose  sole

S. 5836                             8

member  is  any of the foregoing entities, or by the State University of
New York, the State  University  Construction  Fund,  or  the  Dormitory
Authority  of  the  State  of New York, on behalf of the four University
Centers  of  the  State  University  of  New York at Albany, Binghamton,
Buffalo, or Stony Brook, SUNY Upstate Medical University, or SUNY  Down-
state  Medical  Center,  for  construction,  reconstruction, renovation,
rehabilitation, improvement or expansion at the four University  Centers
of  the  State University of New York at Albany, Binghamton, Buffalo, or
Stony Brook, SUNY Upstate Medical University, or SUNY Downstate  Medical
Center, for any single construction project exceeding $20 million in the
aggregate,  for  which  more  than twenty-five percent of such aggregate
amount is to be paid from appropriations furnished by either  the  State
of  New  York  or  the  State University of New York, such construction,
reconstruction, renovation, rehabilitation, improvement or expansion  at
the four University Centers of the State University of New York at Alba-
ny,  Binghamton, Buffalo, or Stony Brook, SUNY Upstate Medical Universi-
ty, or SUNY Downstate Medical Center shall be undertaken pursuant  to  a
project  labor  agreement, as defined in subdivision 1 of section 222 of
the labor law, provided a study done by or for  the  contracting  entity
determines   that   a   project   labor   agreement  will  benefit  such
construction, reconstruction, renovation, rehabilitation, improvement or
expansion through reduced risk  of  delay,  potential  cost  savings  or
potential  reduction  in the risk of labor unrest in light of any perti-
nent local history thereof. For purposes of applying the dollar  thresh-
olds  set forth in the preceding sentence, the term "single construction
project" shall mean any functionally-interdependent construction, recon-
struction, renovation, rehabilitation, improvement or expansion activity
associated with a single building, structure or  improvement,  including
all directly related infrastructure and site work in contemplation ther-
eof.
  S 7. Before any contract is awarded or entered into by any of the four
University  Centers of the State University of New York at Albany, Bing-
hamton, Buffalo, or Stony Brook, SUNY  Upstate  Medical  University,  or
SUNY  Downstate Medical Center campus related foundation, alumni associ-
ation or affiliate thereof, any not-for-profit  corporation  or  associ-
ation  organized by the presidents of the four University Centers of the
State University of New York at Albany, Binghamton,  Buffalo,  or  Stony
Brook, SUNY Upstate Medical University, or SUNY Downstate Medical Center
to  further  their purposes, or any limited liability company whose sole
member is any of the foregoing entities, or by the State  University  of
New  York,  the  State  University  Construction  Fund, or the Dormitory
Authority of the State of New York, on behalf  of  the  four  University
Centers  of  the  State  University  of  New York at Albany, Binghamton,
Buffalo, or Stony Brook, SUNY Upstate Medical University, or SUNY  Down-
state  Medical  Center,  for  construction,  reconstruction, renovation,
rehabilitation, improvement or expansion at the four University  Centers
of  the  State University of New York at Albany, Binghamton, Buffalo, or
Stony Brook, SUNY Upstate Medical University, or SUNY Downstate  Medical
Center;  the four University Centers of the State University of New York
at Albany, Binghamton, Buffalo, and Stony Brook,  SUNY  Upstate  Medical
University,  and  SUNY Downstate Medical Center shall create or cause to
be created a diversity plan for SUNY Innovation and Economic Growth  Act
capital  projects  and  shall  take or cause to be taken steps to ensure
that such diversity plan is successfully implemented on  a  program-wide
basis.  The SUNY Innovation and Economic Growth Act diversity plan shall
include,  at  a  minimum,  targets  for workforce diversity, targets for

S. 5836                             9

retention of minority and women owned businesses, retention of an  inde-
pendent  monitor  by  or on behalf of the four University Centers of the
State University of New York at Albany, Binghamton, Buffalo,  and  Stony
Brook,  SUNY  Upstate  Medical  University,  and  SUNY Downstate Medical
Center for all SUNY Innovation and Economic Growth Act capital  projects
and  regular  review  of  periodic reports from such independent monthly
monitor as to the attainment of the work force  and  business  diversity
goals of the SUNY Innovation and Economic Growth Act diversity plan.
  S 8. Section 891-a of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3.  IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE ONE OF ARTICLE EIGHTEEN-A OF  THIS  CHAPTER,  NOTWITHSTANDING  ANY
OTHER  STATE  OR  LOCAL  LAW  TO THE CONTRARY, THE AGENCY SHALL HAVE THE
POWER TO PROVIDE FINANCIAL ASSISTANCE, INCLUDING, BUT  NOT  LIMITED  TO,
THE  ISSUANCE  OF BONDS AND NOTES BY THE AGENCY, IN CONJUNCTION WITH THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,
RECONSTRUCTION,   RENOVATION,  REHABILITATION,  IMPROVEMENT,  EXPANSION,
FURNISHING AND EQUIPPING OF, OR OTHERWISE PROVIDING FOR, ACADEMIC BUILD-
INGS, DORMITORIES AND OTHER FACILITIES FOR USE BY STUDENTS, FACULTY  AND
STAFF  OF THE STATE UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF
ANY STATE UNIVERSITY OF NEW YORK AT BUFFALO CAMPUS  RELATED  FOUNDATION,
ALUMNI  ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION
OR ASSOCIATION ORGANIZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BUFFALO TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPA-
NY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S 9. Section 892 of the general municipal law, as amended  by  chapter
393  of  the  laws  of 1980, is amended by adding a new subdivision 3 to
read as follows:
  3. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW
TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT STONY BROOK BY  OR  ON  BEHALF  OF  THE  STATE
UNIVERSITY  OF NEW YORK AT STONY BROOK CAMPUS RELATED FOUNDATION, ALUMNI
ASSOCIATION OR AFFILIATE  THEREOF,  ANY  NOT-FOR-PROFIT  CORPORATION  OR
ASSOCIATION  ORGANIZED  BY  THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT STONY BROOK TO FURTHER ITS PURPOSES, OR  ANY  LIMITED  LIABILITY
COMPANY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  10. Section 895 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3.  IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL  LAW
TO  THE  CONTRARY,  THE AGENCY SHALL HAVE THE POWER TO PROVIDE FINANCIAL
ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, THE  ISSUANCE  OF  BONDS  AND
NOTES  BY  THE  AGENCY,  IN CONJUNCTION WITH THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,  RECONSTRUCTION,  RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF,  OR  OTHERWISE  PROVIDING  FOR,  ACADEMIC BUILDINGS, DORMITORIES AND
OTHER FACILITIES FOR USE BY STUDENTS, FACULTY  AND  STAFF  OF  THE  SUNY
UPSTATE  MEDICAL  UNIVERSITY BY OR ON BEHALF OF THE SUNY UPSTATE MEDICAL
UNIVERSITY CAMPUS RELATED FOUNDATION, ALUMNI  ASSOCIATION  OR  AFFILIATE

S. 5836                            10

THEREOF,  ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION ORGANIZED BY THE
PRESIDENT  OF  THE  SUNY  UPSTATE  MEDICAL  UNIVERSITY  TO  FURTHER  ITS
PURPOSES,  OR  ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY OF
THE FOREGOING ENTITIES.
  S  11. Section 895-a of the general municipal law is amended by adding
a new undesignated paragraph to read as follows:
  IN ADDITION TO THE POWERS AND DUTIES NOW  OR  HEREAFTER  CONFERRED  BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW
TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT BINGHAMTON  BY  OR  ON  BEHALF  OF  THE  STATE
UNIVERSITY  OF  NEW YORK AT BINGHAMTON CAMPUS RELATED FOUNDATION, ALUMNI
ASSOCIATION OR AFFILIATE  THEREOF,  ANY  NOT-FOR-PROFIT  CORPORATION  OR
ASSOCIATION  ORGANIZED  BY  THE PRESIDENT OF THE STATE UNIVERSITY OF NEW
YORK AT BINGHAMTON TO FURTHER ITS PURPOSES,  OR  ANY  LIMITED  LIABILITY
COMPANY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S  12. Section 903-a of the general municipal law is amended by adding
a new undesignated paragraph to read as follows:
  IN ADDITION TO THE POWERS AND DUTIES NOW  OR  HEREAFTER  CONFERRED  BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW
TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT ALBANY BY OR ON BEHALF OF THE STATE UNIVERSITY
OF NEW YORK AT ALBANY CAMPUS RELATED FOUNDATION, ALUMNI  ASSOCIATION  OR
AFFILIATE  THEREOF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION ORGAN-
IZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT  ALBANY  TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES.
  S  13. Section 903-b of the general municipal law is amended by adding
a new undesignated paragraph to read as follows:
  IN ADDITION TO THE POWERS AND DUTIES NOW  OR  HEREAFTER  CONFERRED  BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW
TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT ALBANY BY OR ON BEHALF OF THE STATE UNIVERSITY
OF NEW YORK AT ALBANY CAMPUS RELATED FOUNDATION, ALUMNI  ASSOCIATION  OR
AFFILIATE  THEREOF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION ORGAN-
IZED BY THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT  ALBANY  TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES.

S. 5836                            11

  S  14. Section 903-c of the general municipal law is amended by adding
a new undesignated paragraph to read as follows:
  IN  ADDITION  TO  THE  POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL  LAW
TO  THE  CONTRARY,  THE AGENCY SHALL HAVE THE POWER TO PROVIDE FINANCIAL
ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, THE  ISSUANCE  OF  BONDS  AND
NOTES  BY  THE  AGENCY,  IN CONJUNCTION WITH THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,  RECONSTRUCTION,  RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF,  OR  OTHERWISE  PROVIDING  FOR,  ACADEMIC BUILDINGS, DORMITORIES AND
OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND  STAFF  OF  THE  STATE
UNIVERSITY OF NEW YORK AT ALBANY BY OR ON BEHALF OF THE STATE UNIVERSITY
OF  NEW  YORK AT ALBANY CAMPUS RELATED FOUNDATION, ALUMNI ASSOCIATION OR
AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION  ORGAN-
IZED  BY  THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES.
  S 15. Section 903-d of the general municipal law is amended by  adding
a new undesignated paragraph to read as follows:
  IN  ADDITION  TO  THE  POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL  LAW
TO  THE  CONTRARY,  THE AGENCY SHALL HAVE THE POWER TO PROVIDE FINANCIAL
ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, THE  ISSUANCE  OF  BONDS  AND
NOTES  BY  THE  AGENCY,  IN CONJUNCTION WITH THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,  RECONSTRUCTION,  RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF,  OR  OTHERWISE  PROVIDING  FOR,  ACADEMIC BUILDINGS, DORMITORIES AND
OTHER FACILITIES FOR USE BY STUDENTS, FACULTY AND  STAFF  OF  THE  STATE
UNIVERSITY OF NEW YORK AT ALBANY BY OR ON BEHALF OF THE STATE UNIVERSITY
OF  NEW  YORK AT ALBANY CAMPUS RELATED FOUNDATION, ALUMNI ASSOCIATION OR
AFFILIATE THEREOF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION  ORGAN-
IZED  BY  THE PRESIDENT OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES.
  S 16. Section 911-a of the general municipal law is amended by  adding
a new subdivision 4 to read as follows:
  4.  IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW
TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY  STUDENTS, FACULTY AND STAFF OF THE SUNY
DOWNSTATE MEDICAL CENTER BY OR ON BEHALF OF THE SUNY  DOWNSTATE  MEDICAL
CENTER CAMPUS RELATED FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THERE-
OF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION ORGANIZED BY THE PRES-
IDENT  OF  THE SUNY DOWNSTATE MEDICAL CENTER TO FURTHER ITS PURPOSES, OR
ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY OF THE  FOREGOING
ENTITIES.
  S  17. The opening paragraph of section 914-a of the general municipal
law, as added by chapter 579 of the laws of 1973, is designated subdivi-
sion 1 and a new subdivision 2 is added to read as follows:
  2. IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED  BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW

S. 5836                            12

TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY STUDENTS, FACULTY AND STAFF OF THE STATE
UNIVERSITY OF NEW YORK AT BUFFALO BY OR ON BEHALF OF ANY STATE UNIVERSI-
TY OF NEW YORK AT BUFFALO CAMPUS RELATED FOUNDATION, ALUMNI  ASSOCIATION
OR  AFFILIATE  THEREOF,  ANY  NOT-FOR-PROFIT  CORPORATION OR ASSOCIATION
ORGANIZED BY THE PRESIDENT OF  THE  STATE  UNIVERSITY  OF  NEW  YORK  AT
BUFFALO  TO FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE
SOLE MEMBER IS ANY OF THE FOREGOING ENTITIES.
  S 18. Section 917 of the general municipal law, as  added  by  chapter
1082  of the laws of 1974, is amended by adding a new subdivision (m) to
read as follows:
  (M) IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL  LAW
TO  THE  CONTRARY,  THE AGENCY SHALL HAVE THE POWER TO PROVIDE FINANCIAL
ASSISTANCE, INCLUDING, BUT NOT LIMITED TO, THE  ISSUANCE  OF  BONDS  AND
NOTES  BY  THE  AGENCY,  IN CONJUNCTION WITH THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, DEVELOPMENT,  CONSTRUCTION,  RECONSTRUCTION,  RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF,  OR  OTHERWISE  PROVIDING  FOR,  ACADEMIC BUILDINGS, DORMITORIES AND
OTHER FACILITIES FOR USE BY STUDENTS, FACULTY  AND  STAFF  OF  THE  SUNY
DOWNSTATE  MEDICAL  CENTER BY OR ON BEHALF OF THE SUNY DOWNSTATE MEDICAL
CENTER CAMPUS RELATED FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE THERE-
OF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION ORGANIZED BY THE PRES-
IDENT OF THE SUNY DOWNSTATE MEDICAL CENTER TO FURTHER ITS  PURPOSES,  OR
ANY  LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS ANY OF THE FOREGOING
ENTITIES.
  S 19. Section 926 of the general municipal law is amended by adding  a
new subdivision (c) to read as follows:
  (C) IN ADDITION TO THE POWERS AND DUTIES NOW OR HEREAFTER CONFERRED BY
TITLE  ONE OF THIS ARTICLE, NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW
TO THE CONTRARY, THE AGENCY SHALL HAVE THE POWER  TO  PROVIDE  FINANCIAL
ASSISTANCE,  INCLUDING,  BUT  NOT  LIMITED TO, THE ISSUANCE OF BONDS AND
NOTES BY THE AGENCY, IN CONJUNCTION  WITH  THE  FINANCING,  REFINANCING,
ACQUISITION,  DESIGN,  DEVELOPMENT,  CONSTRUCTION, RECONSTRUCTION, RENO-
VATION, REHABILITATION, IMPROVEMENT, EXPANSION, FURNISHING AND EQUIPPING
OF, OR OTHERWISE PROVIDING  FOR,  ACADEMIC  BUILDINGS,  DORMITORIES  AND
OTHER  FACILITIES  FOR  USE  BY  STUDENTS, FACULTY AND STAFF OF THE SUNY
UPSTATE MEDICAL UNIVERSITY BY OR ON BEHALF OF THE SUNY  UPSTATE  MEDICAL
UNIVERSITY  CAMPUS  RELATED  FOUNDATION, ALUMNI ASSOCIATION OR AFFILIATE
THEREOF, ANY NOT-FOR-PROFIT CORPORATION OR ASSOCIATION ORGANIZED BY  THE
PRESIDENT  OF  THE  SUNY  UPSTATE  MEDICAL  UNIVERSITY  TO  FURTHER  ITS
PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER IS  ANY  OF
THE FOREGOING ENTITIES.
  S  20. Subdivision 12 of section 373 of the education law, as added by
chapter 251 of the laws of 1962, is amended to read as follows:
  12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its  corporate  purposes  under  this
article.  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, ALL SUCH FUND
PROCUREMENTS ON BEHALF OF THE  FOUR  UNIVERSITY  CENTERS  OF  THE  STATE
UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK,

S. 5836                            13

SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER  SHALL
BE  SUBJECT  ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL SUBSTANTIALLY CONFORM TO  THE  PROVISIONS
OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW;
  S  21.  Section  373  of  the education law is amended by adding a new
subdivision 20 to read as follows:
  20. TO  DESIGN,  CONSTRUCT,  ACQUIRE,  RECONSTRUCT,  REHABILITATE  AND
IMPROVE  ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES FOR USE BY
STUDENTS, FACULTY AND STAFF OF THE FOUR UNIVERSITY CENTERS OF THE  STATE
UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK,
SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER  USING
ANY   PROJECT   DELIVERY   METHOD,   INCLUDING   BUT   NOT  LIMITED  TO,
DESIGN/BID/BUILD, DESIGN/BUILD OR CONSTRUCTION  MANAGER  AT  RISK,  THAT
WILL  ASSIST  THE  FUND  IN  FULFILLING ITS PURPOSES UNDER SECTION THREE
HUNDRED SEVENTY-TWO OF THIS ARTICLE.
  S 22. Subdivisions 9 and 10 of section 376 of the  education  law  are
renumbered  subdivisions  10  and 11 and a new subdivision 9 is added to
read as follows:
  9. ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS  SUBDIVISION
ON  BEHALF OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW
YORK AT ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK,  SUNY  UPSTATE
MEDICAL  UNIVERSITY,  OR  SUNY DOWNSTATE MEDICAL CENTER SHALL BE AWARDED
PURSUANT TO PROCUREMENT GUIDELINES  ADOPTED  BY  THE  FUND  TRUSTEES  IN
ACCORDANCE WITH SECTION FIVE OF PART A OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND  NINE  THAT  ADDED  THIS  SUBDIVISION  OR  BY PUBLIC LETTING IN
ACCORDANCE WITH THE FOLLOWING PROVISIONS, NOTWITHSTANDING  ANY  CONTRARY
PROVISION  OF  SECTION  ONE HUNDRED TWELVE, ONE HUNDRED THIRTY-FIVE, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE OR ONE HUNDRED FORTY OF  THE
STATE  FINANCE  LAW  OR ANY OTHER LAW, PROVIDED, HOWEVER, THAT WHERE THE
ESTIMATED EXPENSE OF ANY CONTRACT WHICH MAY BE AWARDED PURSUANT TO  THIS
SUBDIVISION  IS LESS THAN TWO HUNDRED FIFTY THOUSAND DOLLARS, A PERFORM-
ANCE BOND AND A BOND FOR THE PAYMENT OF LABOR AND MATERIAL MAY,  IN  THE
DISCRETION  OF  THE  FUND,  NOT  BE  REQUIRED,  AND  EXCEPT  THAT IN THE
DISCRETION OF THE FUND, A CONTRACT MAY BE ENTERED INTO FOR SUCH PURPOSES
WITHOUT PUBLIC LETTING WHERE THE ESTIMATED EXPENSE THEREOF IS LESS  THAN
TWENTY  THOUSAND  DOLLARS, OR WHERE IN THE JUDGMENT OF THE FUND AN EMER-
GENCY CONDITION EXISTS AS A RESULT OF DAMAGE  TO  AN  EXISTING  ACADEMIC
BUILDING, DORMITORY OR OTHER FACILITY WHICH HAS BEEN CAUSED BY AN ACT OF
GOD,  FIRE  OR  OTHER  CASUALTY,  OR ANY OTHER UNANTICIPATED, SUDDEN AND
UNEXPECTED OCCURRENCE, THAT HAS RESULTED IN DAMAGE TO OR  A  MALFUNCTION
IN  AN  EXISTING  ACADEMIC  BUILDING,  DORMITORY  OR  OTHER FACILITY AND
INVOLVES A PRESSING NECESSITY FOR IMMEDIATE  REPAIR,  RECONSTRUCTION  OR
MAINTENANCE IN ORDER TO PERMIT THE SAFE CONTINUATION OF THE USE OR FUNC-
TION OF SUCH FACILITY, OR TO PROTECT THE FACILITY OR THE LIFE, HEALTH OR
SAFETY  OF  ANY  PERSON,  AND THE NATURE OF THE WORK IS SUCH THAT IN THE
JUDGMENT OF THE FUND IT WOULD BE  IMPRACTICAL  AND  AGAINST  THE  PUBLIC
INTEREST  TO  HAVE THE PUBLIC LETTING; PROVIDED, HOWEVER, THAT THE FUND,
PRIOR TO AWARDING A CONTRACT HEREUNDER BECAUSE OF AN EMERGENCY CONDITION
NOTIFY THE COMPTROLLER OF ITS INTENT TO AWARD SUCH A CONTRACT:
  A. THE LETTING AGENCY SHALL ADVERTISE THE INVITATION  TO  BID  OR  THE
REQUEST  FOR  PROPOSALS  IN A NEWSPAPER PUBLISHED IN THE CITY OF ALBANY,
CITY OF BINGHAMTON, CITY OF BUFFALO, COUNTY OF SUFFOLK, CITY OF SYRACUSE
AND COUNTY OF KINGS AND IN SUCH OTHER NEWSPAPERS AS WILL BE MOST  LIKELY
IN  ITS  OPINION  TO  GIVE  ADEQUATE  NOTICE  TO CONTRACTORS OF THE WORK
REQUIRED PROVIDED, HOWEVER, THAT WHERE  THE  ESTIMATED  EXPENSE  OF  ANY
CONTRACT  WHICH MAY BE AWARDED PURSUANT TO THIS SUBDIVISION IS LESS THAN

S. 5836                            14

TWO HUNDRED FIFTY THOUSAND DOLLARS, THE LETTING AGENCY MAY ADVERTISE THE
INVITATION TO BID SOLELY THROUGH THE PROCUREMENT OPPORTUNITIES  NEWSLET-
TER  PUBLISHED PURSUANT TO SECTION ONE HUNDRED FORTY-TWO OF THE ECONOMIC
DEVELOPMENT  LAW.  THE  INVITATION TO BID OR REQUEST FOR PROPOSALS SHALL
CONTAIN SUCH INFORMATION AS THE LETTING AGENCY SHALL DEEM APPROPRIATE.
  B. THE LETTING AGENCY  SHALL  NOT  AWARD  ANY  CONTRACT  AFTER  PUBLIC
BIDDING  EXCEPT  TO THE LOWEST BIDDER WHO IN ITS OPINION IS QUALIFIED TO
PERFORM THE WORK REQUIRED AND IS RESPONSIBLE AND RELIABLE.  THE  LETTING
AGENCY  MAY,  HOWEVER, REJECT ANY OR ALL BIDS, AGAIN ADVERTISE FOR BIDS,
OR WAIVE ANY INFORMALITY IN A BID IF IT BELIEVES THAT THE PUBLIC  INTER-
EST WILL BE PROMOTED THEREBY.
  C.  THE  INVITATION  TO  BID,  REQUEST  FOR PROPOSALS AND THE CONTRACT
AWARDED  SHALL  CONTAIN  SUCH  OTHER  TERMS  AND  CONDITIONS,  AND  SUCH
PROVISIONS FOR PENALTIES, AS THE LETTING AGENCY MAY DEEM DESIRABLE.
  D.  ANY  CONTRACT AWARDED PURSUANT TO THIS SUBDIVISION SHALL CONTAIN A
CLAUSE THAT THE CONTRACT SHALL BE DEEMED EXECUTORY TO THE EXTENT OF  THE
MONEYS  AVAILABLE  AND  THAT  NO LIABILITY SHALL BE INCURRED BY THE FUND
BEYOND THE MONEYS AVAILABLE THEREFOR.
  E. THE LETTING AGENCY SHALL REQUIRE SUCH DEPOSITS, BONDS AND  SECURITY
IN  CONNECTION WITH THE SUBMISSION OF BIDS OR REQUEST FOR PROPOSALS, THE
AWARD OF CONTRACTS AND THE PERFORMANCE OF WORK AS IT SHALL DETERMINE  TO
BE IN THE PUBLIC INTEREST AND FOR THE PROTECTION OF THE STATE, THE STATE
UNIVERSITY, THE FUND AND THE LETTING AGENCY.
  F.  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
ALL  CONTRACTS  FOR  PUBLIC  WORK  AWARDED  BY  THE   STATE   UNIVERSITY
CONSTRUCTION  FUND  PURSUANT  TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
WITH SECTION ONE HUNDRED THIRTY-NINE-F OF THE STATE FINANCE LAW.
  S 23. The Board of Trustees shall report every January  first  to  the
governor,  the  temporary president of the senate and the speaker of the
assembly on the effectiveness of the  reforms  enacted  in  this  legis-
lation.  Specifically,  the  report  shall  address, the four University
Centers of the State University  of  New  York  at  Albany,  Binghamton,
Buffalo,  and  Stony  Brook,  SUNY  Upstate Medical University, and SUNY
Downstate Medical Center's progress in competing with the  top  academic
research  institutions; the impact of the four University Centers of the
State University of New York at Albany, Binghamton, Buffalo,  and  Stony
Brook,  SUNY  Upstate  Medical  University,  and  SUNY Downstate Medical
Center's efforts to increase the economic well-being of New York; wheth-
er the minority and women workforce and business  enterprise  goals  set
forth in the SUNY Innovation and Economic Growth Act diversity plan were
attained  during  the preceding year and the impact of tuition increases
and efforts  to  ensure  affordable  access  for  economically  deprived
students.
  S 24. This act shall take effect immediately.

                                 PART B

  Section  1.  Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  a.  To  take, hold and administer on behalf of the state university or
any institution therein, real and  personal  property  or  any  interest
therein  and  the  income  thereof either absolutely or in trust for any
educational or other  purpose  within  the  jurisdiction  and  corporate
purposes  of  the  state  university,  AND, WITH RESPECT TO ANY PROPERTY
UTILIZED BY OR COMPRISING ANY PART OF THE CAMPUSES OF THE FOUR UNIVERSI-

S. 5836                            15

TY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE MEDICAL UNIVERSITY, AND SUNY
DOWNSTATE MEDICAL CENTER, TO DISPOSE OF SUCH PROPERTY IN SUCH MANNER AND
UPON  SUCH  TERMS  AS  THE  TRUSTEES SHALL DETERMINE. THE TRUSTEES SHALL
ALLOW AND REGULATE THE USE OF SUCH PROPERTY FOR OTHER THAN THE CORPORATE
PURPOSES OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY  OF  NEW
YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER, BY PERMIT,  LEASE,
LICENSE  OR  OTHER  AGREEMENT,  FOR PERIODS NOT TO EXCEED TEN YEARS, AND
PRESCRIBE THE FEES, IF ANY, THAT PERSONS, ASSOCIATIONS AND  CORPORATIONS
ALLOWED  THE  USE  OF SUCH PROPERTY SHALL PAY.  The trustees may acquire
property for such purposes by purchase, appropriation or  lease  and  by
the  acceptance  of  gifts,  grants,  bequests  and devises, and, within
appropriations made therefor, may equip and furnish buildings and other-
wise improve property owned, used or occupied by the state university or
any institution therein.  THE TRUSTEES MAY ACQUIRE PROPERTY  FOR  OR  ON
BEHALF  OF  THE  FOUR  UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW
YORK AT ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK,  SUNY  UPSTATE
MEDICAL  UNIVERSITY,  OR SUNY DOWNSTATE MEDICAL CENTER BY THE ACCEPTANCE
OF CONDITIONAL GIFTS, GRANTS, DEVISES OR  BEQUESTS,  THE  PROVISIONS  OF
SECTION  ELEVEN  OF  THE  STATE  FINANCE LAW NOTWITHSTANDING. Where real
property is to be acquired by purchase or appropriation,  such  acquisi-
tion shall be in accordance with the provisions of section three hundred
seven  of this chapter except that the powers and duties in said section
mentioned to be performed by the commissioner [of  education]  shall  be
performed  by the state university trustees.  THE PROVISIONS OF SECTIONS
THREE, THIRTY-A, AND THIRTY-THREE OF THE PUBLIC LANDS LAW  NOTWITHSTAND-
ING,  THE  TRUSTEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER OR CONVEY-
ANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION  OF  THE  STATE
UNIVERSITY  COMPRISING  ANY  PART OF THE CAMPUSES OF THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWN-
STATE MEDICAL CENTER IN SUCH MANNER AND UPON SUCH TERMS AS THE  TRUSTEES
SHALL DETERMINE. THE FOREGOING NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE
FOR  THE  LEASE  OF  SUCH  REAL PROPERTY FOR PERIODS NOT TO EXCEED FIFTY
YEARS IN SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE PURPOSES OF  THE
FOUR  UNIVERSITY  CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY,
BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY DOWNSTATE MEDICAL CENTER, UNLESS THE SUBJECT PROJECT IS IN CONFLICT
WITH THE MISSION OF THE FOUR UNIVERSITY CENTERS OF THE STATE  UNIVERSITY
OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE
MEDICAL  UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER, INCLUDING BUT NOT
LIMITED TO THE DEVELOPMENT AND OPERATION OF RESEARCH, INCUBATOR,  COMMU-
NITY,  HEALTH CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT AND
FACULTY HOUSING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY, HOTEL,  CONFER-
ENCE CENTER AND RECREATIONAL FACILITIES, AND FOR THE PURPOSE OF MAXIMIZ-
ING  THE  USE OF NATURAL RESOURCES; PROVIDED, HOWEVER, THE PRESIDENTS OF
THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBA-
NY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL  UNIVERSI-
TY,  OR  SUNY  DOWNSTATE MEDICAL CENTER SHALL PROVIDE NOTICE OF ANY SUCH
LEASE TO THE CHAIRS OF THE SENATE FINANCE  COMMITTEE  AND  THE  ASSEMBLY
WAYS  AND  MEANS  COMMITTEE  AND  TO THE DIRECTOR OF THE BUDGET AT LEAST
THIRTY DAYS PRIOR TO EXECUTING SUCH LEASE. THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTANDING, THE  TRUS-
TEES MAY PROVIDE FOR THE SALE, LEASE, TRANSFER OR CONVEYANCE OF PERSONAL
PROPERTY UNDER THE CUSTODY AND CONTROL OF THE FOUR UNIVERSITY CENTERS OF

S. 5836                            16

THE  STATE  UNIVERSITY  OF  NEW  YORK AT ALBANY, BINGHAMTON, BUFFALO, OR
STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE  MEDICAL
CENTER  IN  SUCH MANNER AND UPON SUCH TERMS AS THE TRUSTEES SHALL DETER-
MINE. THE PROVISIONS OF SECTION TWENTY-THREE OF THE PUBLIC LANDS LAW AND
SECTION  ONE  HUNDRED SIXTY-SEVEN OF THE STATE FINANCE LAW NOTWITHSTAND-
ING, THE PROCEEDS FROM  THE  SALE,  LEASE,  TRANSFER  OR  CONVEYANCE  OF
STATE-OWNED  REAL  PROPERTY  COMPRISING  ANY PART OF THE CAMPUSES OF THE
FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,
BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY  DOWNSTATE MEDICAL CENTER OR OF PERSONAL PROPERTY UNDER THE CUSTODY
AND CONTROL OF THE FOUR UNIVERSITY CENTERS OF THE  STATE  UNIVERSITY  OF
NEW  YORK  AT  ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER SHALL  BE  RETAINED
BY  THE  FOUR  UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT
ALBANY, BINGHAMTON,  BUFFALO,  OR  STONY  BROOK,  SUNY  UPSTATE  MEDICAL
UNIVERSITY,  OR  SUNY  DOWNSTATE MEDICAL CENTER AND SHALL BE USED BY THE
FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,
BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY  DOWNSTATE  MEDICAL  CENTER  FOR  EXPENSES  OF  THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWN-
STATE MEDICAL CENTER.
  S 2. Paragraph s of subdivision 2 of section 355 of the education law,
as amended by chapter 552 of the laws of 1985, is  amended  to  read  as
follows:
  s.  To  lease  or  make available to the state university construction
fund, the dormitory authority or other public benefit  corporation,  the
New  York  state  teachers'  retirement  system [or], the New York state
employees' retirement system OR, IN THE CASE OF STATE-OWNED REAL PROPER-
TY COMPRISING ANY PART OF THE CAMPUSES OF THE FOUR UNIVERSITY CENTERS OF
THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  OR
STONY  BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL
CENTER, ANY OTHER PUBLIC OR PRIVATE  FOR-PROFIT  OR  NON-PROFIT  ENTITY,
INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVELOPMENT CORPORATION ORGANIZED
UNDER  SECTION  ONE  THOUSAND  FOUR HUNDRED ELEVEN OF THE NOT-FOR-PROFIT
CORPORATION LAW OR AN  INDUSTRIAL  DEVELOPMENT  AGENCY  ORGANIZED  UNDER
ARTICLE  EIGHTEEN-A  OF  THE  GENERAL  MUNICIPAL  LAW,  a portion of the
grounds or real property occupied by  a  state-operated  institution  or
statutory  or contract college for the construction, acquisition, recon-
struction, rehabilitation or improvement of academic buildings, dormito-
ries or other facilities thereon pursuant to  article  eight-A  of  this
chapter  and for the purpose of facilitating such construction, acquisi-
tion, reconstruction, rehabilitation or improvement, to enter into leas-
es and agreements for the use of any such academic  building,  dormitory
or  other  facility  in  accordance with the provisions of section three
hundred seventy-eight of this chapter; provided, however,  that  nothing
herein  contained  shall affect the provisions of any lease or agreement
heretofore executed by the state university with the dormitory  authori-
ty.  The  state  university trustees may also enter into agreements with
the state university construction fund, the dormitory authority or other
public benefit corporation, the  New  York  state  teachers'  retirement
system [or], the New York state employees' retirement system AND, IN THE
CASE OF STATE-OWNED REAL PROPERTY COMPRISING ANY PART OF THE CAMPUSES OF
THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBA-
NY,  BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSI-
TY, OR SUNY DOWNSTATE MEDICAL CENTER, WITH ANY OTHER PUBLIC  OR  PRIVATE

S. 5836                            17

FOR-PROFIT  OR  NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO A LOCAL
DEVELOPMENT  CORPORATION  ORGANIZED  UNDER  SECTION  ONE  THOUSAND  FOUR
HUNDRED  ELEVEN  OF  THE NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL
DEVELOPMENT  AGENCY  ORGANIZED  UNDER  ARTICLE EIGHTEEN-A OF THE GENERAL
MUNICIPAL LAW, to furnish heat from  a  central  heating  plant  to  any
academic  building,  dormitory or other facility erected by them or with
moneys supplied by them. Any such academic building, dormitory or  other
facility shall not be subject to taxation for any purpose.
  S  3.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y.  IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT  OF  THE
CORPORATE PURPOSES OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSI-
TY  OF  NEW  YORK  AT  ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY
UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER, INCLUDING,
WITHOUT LIMITATION, THE FOUR UNIVERSITY CENTERS OF THE STATE  UNIVERSITY
OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  AND STONY BROOK, SUNY
UPSTATE MEDICAL UNIVERSITY, AND SUNY  DOWNSTATE  MEDICAL  CENTER'S  SUNY
INNOVATION  AND ECONOMIC GROWTH ACT, TO PARTICIPATE IN JOINT AND COOPER-
ATIVE ARRANGEMENTS WITH PUBLIC,  NON-PROFIT  AND  BUSINESS  ENTITIES  AS
PARTNERS,  JOINT  VENTURERS, MEMBERS OF NON-PROFIT CORPORATIONS, MEMBERS
OF LIMITED LIABILITY  COMPANIES  AND  SHAREHOLDERS  OF  BUSINESS  CORPO-
RATIONS.  THE  STATE  UNIVERSITY'S  PARTICIPATION  ON BEHALF OF THE FOUR
UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY,  BING-
HAMTON,  BUFFALO,  OR  STONY  BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY DOWNSTATE MEDICAL CENTER SHALL BE  SUBJECT  TO  GUIDELINES  OF  THE
STATE  UNIVERSITY  WITH  RESPECT TO CONFLICTS OF INTEREST AND TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE  LAW  AND  THE  APPLICABLE  PROVISIONS  OF
AGREEMENTS  BETWEEN  THE  STATE  AND  EMPLOYEE ORGANIZATIONS PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.  NOTWITHSTANDING  ANY  INCON-
SISTENT PROVISION IN SECTION EIGHT OF THE COURT OF CLAIMS ACT, THE STATE
UNIVERSITY  MAY  INCLUDE  IN  A CONTRACT RELATING TO SUCH PARTICIPATION,
OTHER THAN A CONTRACT WITH STATE EMPLOYEES RELATING TO TERMS AND  CONDI-
TIONS OF THEIR EMPLOYMENT, A PROVISION THAT SOME OR ALL DISPUTES ARISING
UNDER  OR  RELATED  TO  SUCH CONTRACT SHALL BE RESOLVED BY BINDING ARBI-
TRATION IN ACCORDANCE WITH THE RULES OF  A  NATIONALLY-RECOGNIZED  ARBI-
TRATION  ASSOCIATION. NOTHING CONTAINED IN THE PUBLIC OFFICERS LAW OR IN
ANY OTHER LAW, RULE OR REGULATION, SHALL  BE  CONSTRUED  OR  APPLIED  TO
PROHIBIT THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK
AT  ALBANY,  BINGHAMTON,  BUFFALO,  OR STONY BROOK, SUNY UPSTATE MEDICAL
UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER OFFICERS AND EMPLOYEES FROM
ENGAGING IN ACTIVITIES FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF
THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBA-
NY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL  UNIVERSI-
TY,  OR  SUNY DOWNSTATE MEDICAL CENTER IN CONNECTION WITH SUCH JOINT AND
COOPERATIVE ARRANGEMENTS, INCLUDING SERVING AS DESIGNEES  OF  THE  STATE
UNIVERSITY  AS  MEMBERS, SHAREHOLDERS OR AS DIRECTORS ON BOARDS OR OTHER
GOVERNING BODIES OF CORPORATIONS OR OTHER ENTITIES.
  S 4. This act shall take effect immediately.

                                 PART C

  Section 1. Section 355 of the education law is amended by  adding  two
new subdivisions 20 and 21 to read as follows:
  20.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE  HUNDRED  SIXTY-ONE
AND  ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTIONS THREE

S. 5836                            18

AND SIX OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW  OR  ANY
OTHER  LAW TO THE CONTRARY, THE STATE UNIVERSITY TRUSTEES ARE AUTHORIZED
AND EMPOWERED ON BEHALF OF  OR  WITH  RESPECT  TO  THE  FOUR  UNIVERSITY
CENTERS  OF  THE  STATE  UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, AND STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY
DOWNSTATE MEDICAL CENTER TO:
  A.  (I) PURCHASE MATERIALS, EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER
EQUIPMENT AND MOTOR  VEHICLES,  (II)  EXECUTE  CONTRACTS  FOR  SERVICES,
PERMITS,  LICENSES,  LEASES,  CONTRACTS FOR THE PURCHASE OR SALE OF REAL
PROPERTY, AND CONSTRUCTION CONTRACTS, AND (III) CONTRACT  FOR  PRINTING,
WITHOUT  PRIOR  APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY IN ACCORD-
ANCE WITH GUIDELINES, RULES OR  REGULATIONS  PROMULGATED  BY  THE  STATE
UNIVERSITY  BOARD OF TRUSTEES. GUIDELINES, RULES, OR REGULATIONS PROMUL-
GATED BY THE STATE UNIVERSITY BOARD OF TRUSTEES  SHALL,  TO  THE  EXTENT
PRACTICABLE,   REQUIRE  THAT  COMPETITIVE  PROPOSALS  BE  SOLICITED  FOR
PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES  AND  CONTRACTS
AUTHORIZED  UNDER THIS SECTION BE AT THE LOWEST AVAILABLE PRICE, INCLUD-
ING CONSIDERATION OF PRICES  AVAILABLE  THROUGH  OTHER  STATE  AGENCIES,
CONSISTENT  WITH  QUALITY  REQUIREMENTS,  AND  AS  WILL BEST PROMOTE THE
PUBLIC INTEREST. SUCH PURCHASES MAY BE MADE DIRECTLY FROM ANY CONTRACTOR
PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE  OFFICE  OF  GENERAL
SERVICES OR ANY OTHER STATE AGENCY;
  B.    ESTABLISH  CASH  ADVANCE  ACCOUNTS FOR THE PURPOSE OF PURCHASING
MATERIALS, SUPPLIES, OR SERVICES, FOR CASH ADVANCES FOR TRAVEL  EXPENSES
AND PER DIEM ALLOWANCES, OR FOR ADVANCE PAYMENT OF WAGES AND SALARY. THE
ACCOUNT  MAY  BE  USED TO PURCHASE SUCH MATERIALS, SUPPLIES, OR SERVICES
WHERE THE AMOUNT OF A SINGLE PURCHASE DOES NOT EXCEED TWO HUNDRED  FIFTY
DOLLARS,  IN  ACCORDANCE  WITH SUCH GUIDELINES AS SHALL BE PRESCRIBED BY
THE STATE UNIVERSITY TRUSTEES.
  C. ESTABLISH GUIDELINES  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
GENERAL  SERVICES  AUTHORIZING  PARTICIPATION  BY  THE  FOUR  UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE MEDICAL UNIVERSITY, AND SUNY
DOWNSTATE MEDICAL CENTER IN  PROGRAMS  ADMINISTERED  BY  THE  OFFICE  OF
GENERAL  SERVICES  FOR  THE  PURCHASE  OF  AVAILABLE NEW YORK STATE FOOD
PRODUCTS. THE COMMISSIONER OF GENERAL SERVICES SHALL PROVIDE  ASSISTANCE
TO  THE  FOUR  UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT
ALBANY, BINGHAMTON, BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE  MEDICAL
UNIVERSITY,  AND  SUNY  DOWNSTATE MEDICAL CENTER NECESSARY TO ENABLE THE
FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,
BINGHAMTON,  BUFFALO,  AND STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY,
AND SUNY DOWNSTATE MEDICAL CENTER TO PARTICIPATE IN THESE PROGRAMS.
  21. TO ENTER INTO ANY CONTRACT OR AGREEMENT DEEMED NECESSARY OR ADVIS-
ABLE AFTER CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR CARRYING OUT
THE OBJECTS AND PURPOSES OF THE FOUR UNIVERSITY  CENTERS  OF  THE  STATE
UNIVERSITY  OF  NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK,
SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER  WITH-
OUT  PRIOR  REVIEW  OR APPROVAL BY ANY STATE OFFICER OR AGENCY INCLUDING
ENERGY PERFORMANCE CONTRACTS (AS DEFINED IN SECTION 9-102 OF THE  ENERGY
LAW),  ENERGY  PROCUREMENT  OR SUPPLY CONTRACTS, CONTRACTS OR AGREEMENTS
WITH NON-PROFIT CORPORATIONS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY  OF  NEW
YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER FOR THE FURTHERANCE
OF ITS OBJECTS AND PURPOSES, AS WELL AS CONTRACTS OR AGREEMENTS WITH ANY
OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF  NEW  YORK  AT

S. 5836                            19

ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK,  SUNY  UPSTATE MEDICAL
UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER CAMPUS-RELATED  FOUNDATION,
ALUMNI  ASSOCIATION  OR AFFILIATE THEREOF, ANY NON-PROFIT CORPORATION OR
ASSOCIATION  ORGANIZED  BY THE PRESIDENTS OF THE FOUR UNIVERSITY CENTERS
OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON,  BUFFALO,  OR
STONY  BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL
CENTER TO FURTHER ITS PURPOSES OR ANY LIMITED LIABILITY  COMPANY,  WHOSE
SOLE  MEMBER IS ANY OF THE FOREGOING ENTITIES FOR THE FURTHERANCE OF THE
OBJECTS AND PURPOSES OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVER-
SITY OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, OR  STONY  BROOK,  SUNY
UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER, INCLUDING,
WITHOUT  LIMITATION, THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY
OF NEW YORK AT  ALBANY,  BINGHAMTON,  BUFFALO,  AND  STONY  BROOK,  SUNY
UPSTATE  MEDICAL  UNIVERSITY,  AND  SUNY DOWNSTATE MEDICAL CENTER'S SUNY
INNOVATION AND ECONOMIC GROWTH ACT.   CONTRACTS  OR  AGREEMENTS  ENTERED
INTO  WITH  THE  FEDERAL  GOVERNMENT  TO ENABLE PARTICIPATION IN FEDERAL
STUDENT LOAN PROGRAMS, INCLUDING ANY AND ALL INSTRUMENTS REQUIRED THERE-
UNDER, SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTION FORTY-ONE  OF
THE  STATE  FINANCE  LAW; PROVIDED, HOWEVER, THAT THE STATE SHALL NOT BE
LIABLE FOR ANY PORTION OF ANY DEFAULTS WHICH IT  HAS  AGREED  TO  ASSUME
PURSUANT TO ANY SUCH AGREEMENT IN AN AMOUNT IN EXCESS OF MONEY APPROPRI-
ATED  OR OTHERWISE LAWFULLY AVAILABLE THEREFOR AT THE TIME THE LIABILITY
FOR PAYMENT ARISES.
  S 2. Subdivisions 2 and 3 of section 112 of the state finance law,  as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2  as  amended by section 2 of part D of chapter 56 of the laws of 2006,
are amended to read as follows:
  2. (a) Before any contract made for or by any  state  agency,  depart-
ment,  board,  officer, commission, or institution, except the office of
general services AND THE STATE UNIVERSITY OF NEW YORK ACTING  ON  BEHALF
OF OR WITH RESPECT TO THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSI-
TY  OF  NEW  YORK  AT  ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY
UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER,  shall  be
executed or become effective, whenever such contract exceeds fifty thou-
sand dollars in amount and before any contract made for or by the office
of general services shall be executed or become effective, whenever such
contract  exceeds eighty-five thousand dollars in amount, it shall first
be approved by the comptroller and filed in his or her office, provided,
however, that the comptroller shall make a final  written  determination
with  respect  to  approval  of  such contract within ninety days of the
submission of such contract to his or her office unless the  comptroller
shall  notify, in writing, the state agency, department, board, officer,
commission, or institution, prior to the expiration of  the  ninety  day
period,  and  for  good  cause, of the need for an extension of not more
than fifteen days, or a reasonable period of  time  agreed  to  by  such
state agency, department, board, officer, commission, or institution and
provided, further, that such written determination or extension shall be
made  part of the procurement record pursuant to paragraph f of subdivi-
sion one of section one hundred sixty-three of this chapter.
  (b) Whenever any liability of any nature shall be incurred by  or  for
any  state  department, board, officer, commission, or institution OTHER
THAN THE STATE UNIVERSITY OF NEW  YORK  ACTING  ON  BEHALF  OF  OR  WITH
RESPECT  TO  THE  FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW
YORK AT ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK,  SUNY  UPSTATE
MEDICAL  UNIVERSITY,  OR SUNY DOWNSTATE MEDICAL CENTER, notice that such

S. 5836                            20

liability has been incurred shall be immediately given in writing to the
state comptroller.
  3.  A  contract  or  other  instrument wherein the state or any of its
officers, agencies, boards or commissions OTHER THAN THE STATE UNIVERSI-
TY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE FOUR UNIVERSI-
TY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWN-
STATE MEDICAL CENTER agrees to  give  a  consideration  other  than  the
payment  of  money, when the value or reasonably estimated value of such
consideration exceeds ten thousand dollars, shall  not  become  a  valid
enforceable  contract  unless  such  contract  or other instrument shall
first be approved by the comptroller and filed in his office.
  S 3. Paragraph a of subdivision  1  of  section  139-j  of  the  state
finance  law,  as  added by chapter 1 of the laws of 2005, is amended to
read as follows:
  a. "Governmental  entity"  shall  mean:  (1)  any  department,  board,
bureau,  commission,  division, office, council, committee or officer of
the state, whether permanent or temporary, OTHER THAN THE STATE  UNIVER-
SITY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE FOUR UNIVER-
SITY  CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY  DOWN-
STATE  MEDICAL  CENTER; (2) each house of the state legislature; (3) the
unified court system; (4) any public authority,  public  benefit  corpo-
ration  or  commission  created  by  or  existing pursuant to the public
authorities law; (5) any public authority or public benefit corporation,
at least one of whose members is appointed by the governor or who serves
as a member by virtue of holding a civil office  of  the  state;  (6)  a
municipal  agency, as that term is defined in paragraph (ii) of subdivi-
sion (s) of section one-c of the legislative law; or (7) a subsidiary or
affiliate of such a public authority.
  S 4. Paragraph a of subdivision  1  of  section  139-k  of  the  state
finance  law,  as  added by chapter 1 of the laws of 2005, is amended to
read as follows:
  a. "Governmental  entity"  shall  mean:  (1)  any  department,  board,
bureau,  commission,  division, office, council, committee or officer of
the state, whether permanent or temporary, OTHER THAN THE STATE  UNIVER-
SITY OF NEW YORK ACTING ON BEHALF OF OR WITH RESPECT TO THE FOUR UNIVER-
SITY  CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON,
BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY  DOWN-
STATE  MEDICAL  CENTER; (2) each house of the state legislature; (3) the
unified court system; (4) any public authority,  public  benefit  corpo-
ration  or  commission  created  by  or  existing pursuant to the public
authorities law; (5) a public authority or public  benefit  corporation,
at least one of whose members is appointed by the governor or who serves
as a member by virtue of holding a civil office of the state; (6) munic-
ipal  agency,  as  that term is defined in paragraph (ii) of subdivision
(s) of section one-c of the legislative law;  or  (7)  a  subsidiary  or
affiliate of such a public authority.
  S 5.  Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
  (iv)  The  commissioner  is  authorized to permit any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such  are  defined  in
section  one  hundred of the general municipal law, to make purchases of
commodities  through  the  office  of  general   services'   centralized

S. 5836                            21

contracts, pursuant to the provisions of section one hundred four of the
general  municipal  law.  The  commissioner  is authorized to permit any
county extension service association  as  authorized  under  subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation  or  other entity as specified in and in accordance with section
one hundred nine-a of the  general  municipal  law,  OR  ANY  NON-PROFIT
CORPORATION  ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,
BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY  DOWNSTATE  MEDICAL  CENTER,  or any other association or entity as
specified in state law, to make purchases  of  commodities  through  the
office  of  general  services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility  for  any
payment  due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION  ORGANIZED
IN  FURTHERANCE  OF  THE  OBJECTS  AND  PURPOSES  OF THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWN-
STATE MEDICAL CENTER SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A  FOR-
PROFIT  CORPORATION  OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH THE
NON-PROFIT CORPORATION, NOR SHALL SUCH COMMODITIES SO PURCHASED BY  SUCH
NON-PROFIT CORPORATION BE OFFERED FOR RESALE.
  S 6.  Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
  e.  [Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make  purchases  of  services  through  the  office  of  general
services'  centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal  law.  The  commis-
sioner  may  permit  and  prescribe  the  conditions for the purchase of
services through the office of general services'  centralized  contracts
for  services  by  any public authority or public benefit corporation of
the state including the port authority of New York and New  Jersey.  The
commissioner  is  authorized  to  permit any public library, association
library, library  system,  cooperative  library  system,  the  New  York
Library  Association,  and  the  New  York  State Association of Library
Boards or any other library except  those  which  are  operated  by  for
profit  entities,  to  make  purchases of services through the office of
general services' centralized contracts; provided,  however,  that  such
entity so empowered shall accept sole responsibility for any payment due
with  respect  to such purchase.] ANY OFFICER, BODY OR AGENCY OF A POLI-
TICAL SUBDIVISION AS DEFINED IN  SECTION  ONE  HUNDRED  OF  THE  GENERAL
MUNICIPAL  LAW  OR  A  DISTRICT  THEREIN  AND ANY NON-PROFIT CORPORATION
ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE FOUR UNIVER-
SITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY,  BINGHAMTON,
BUFFALO,  OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWN-
STATE MEDICAL CENTER, MAY MAKE PURCHASES OF SERVICES THROUGH THE  OFFICE
OF GENERAL SERVICES' CENTRALIZED CONTRACTS FOR SERVICES, SUBJECT, IN THE
CASE  OF  SUCH  POLITICAL SUBDIVISIONS, TO THE PROVISIONS OF SECTION ONE
HUNDRED FOUR OF THE GENERAL MUNICIPAL LAW; PROVIDED,  HOWEVER,  THAT  IN
THE  CASE  OF ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE
OBJECTS AND PURPOSES OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVER-
SITY OF NEW YORK AT ALBANY, BINGHAMTON, BUFFALO, OR  STONY  BROOK,  SUNY
UPSTATE  MEDICAL  UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER, IT SHALL
ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT  DUE  WITH  RESPECT  TO  SUCH

S. 5836                            22

PURCHASE  AND  PROVIDED,  FURTHER THAT SERVICES SO PURCHASED BY ANY SUCH
NON-PROFIT CORPORATION SHALL NOT BE USED DIRECTLY  OR  INDIRECTLY  BY  A
FOR-PROFIT  CORPORATION  OR OTHER FOR-PROFIT ENTITY WHICH CONTRACTS WITH
THE  NON-PROFIT  ORGANIZATION. THE COMMISSIONER MAY PERMIT AND PRESCRIBE
THE CONDITIONS FOR THE PURCHASE OF SERVICES THROUGH THE OFFICE OF GENER-
AL SERVICES' CENTRALIZED CONTRACTS FOR SERVICES BY ANY PUBLIC  AUTHORITY
OR  PUBLIC BENEFIT CORPORATION OF THE STATE INCLUDING THE PORT AUTHORITY
OF NEW YORK AND NEW JERSEY, OR ANY NON-PROFIT CORPORATION  ORGANIZED  IN
FURTHERANCE  OF  THE OBJECTS AND PURPOSES OF THE FOUR UNIVERSITY CENTERS
OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY, BINGHAMTON,  BUFFALO,  OR
STONY  BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL
CENTER.  THE COMMISSIONER IS AUTHORIZED TO PERMIT  ANY  PUBLIC  LIBRARY,
ASSOCIATION LIBRARY, LIBRARY SYSTEM, COOPERATIVE LIBRARY SYSTEM, THE NEW
YORK  LIBRARY ASSOCIATION, AND THE NEW YORK STATE ASSOCIATION OF LIBRARY
BOARDS OR ANY OTHER LIBRARY EXCEPT THOSE WHICH ARE OPERATED BY  FOR-PRO-
FIT ENTITIES, TO MAKE PURCHASES OF SERVICES THROUGH THE OFFICE OF GENER-
AL  SERVICES' CENTRALIZED CONTRACTS; PROVIDED, HOWEVER, THAT SUCH ENTITY
SO EMPOWERED SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT  DUE  WITH
RESPECT TO SUCH PURCHASE.
  S 7. Paragraph b of subdivision 10 of section 163 of the state finance
law is amended by adding a new subparagraph (iii) to read as follows:
  (III)  THE  PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH
SHALL NOT APPLY TO SINGLE OR SOLE SOURCE PROCUREMENTS  FOR  SERVICES  OR
COMMODITIES  BY  THE STATE UNIVERSITY OF NEW YORK ACTING ON BEHALF OF OR
WITH RESPECT TO THE FOUR UNIVERSITY CENTERS OF THE STATE  UNIVERSITY  OF
NEW  YORK  AT  ALBANY, BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER,  WHICH  SINGLE  OR
SOLE SOURCE PROCUREMENTS SHALL BE MADE IN ACCORDANCE WITH SUCH RULES AND
GUIDELINES AS MAY BE PROMULGATED BY THE TRUSTEES OF THE STATE UNIVERSITY
OF NEW YORK.
  S  8. Paragraph (e) of subdivision 1 of section 5-a of the tax law, as
amended by section 1 of part L of chapter 62 of the  laws  of  2006,  is
amended to read as follows:
  (e)  "Covered  agency"  means a "state agency" for purposes of article
eleven of the state finance law, the legislature, the  judiciary,  or  a
public  authority  or  public  benefit corporation at least one of whose
members is appointed by the governor; PROVIDED, HOWEVER, THAT  THE  TERM
"COVERED  AGENCY"  SHALL  NOT  INCLUDE  THE STATE UNIVERSITY OF NEW YORK
ACTING ON BEHALF OF OR WITH RESPECT TO THE FOUR  UNIVERSITY  CENTERS  OF
THE  STATE  UNIVERSITY  OF  NEW  YORK AT ALBANY, BINGHAMTON, BUFFALO, OR
STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR SUNY DOWNSTATE  MEDICAL
CENTER.
  S  9.  This act shall take effect immediately; provided, however, that
the amendments to section 139-j of the state finance law made by section
three of this act, the amendments to section 139-k of the state  finance
law  made by section four of this act, and the amendments to section 163
of the state finance law made by sections five, six, and seven  of  this
act shall not affect the repeal of such sections and shall expire and be
deemed repealed therewith.

                                 PART D

  Section  1.  Subdivision  8  of  section  355 of the education law, as
amended by chapter 553 of the laws  of  1985,  is  amended  to  read  as
follows:

S. 5836                            23

  8.  All  moneys  received  by  the state university of New York and by
state-operated institutions thereof from appropriations, tuition,  fees,
user charges, sales of products and services and from all other sources,
including  sources  and  activities  of  the  state university which are
intended  by law to be self-supporting may be credited to an appropriate
fund or funds to be designated by the state comptroller. The amounts  so
paid  into  such  fund  or funds which were received by or for the state
university shall be used for expenses of the state university in  carry-
ing  out any of its objects and purposes and such amounts received by or
for state-operated institutions of the state university  shall  be  used
for expenses of the state university under regulations prescribed by the
state  university  trustees.   NOTWITHSTANDING THE FOREGOING, ALL MONEYS
RECEIVED BY THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY  OF  NEW
YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  AND  STONY BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, AND SUNY  DOWNSTATE  MEDICAL  CENTER  FROM  TUITION,
FEES, USER CHARGES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY
PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIV-
ITIES OF THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK
AT  ALBANY,  BINGHAMTON,  BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER WHICH ARE INTENDED BY  LAW
TO  BE  SELF-SUPPORTING  MAY BE CREDITED TO AN APPROPRIATE FUND OR FUNDS
HELD BY THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW  YORK
AT  ALBANY,  BINGHAMTON,  BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER. THE AMOUNTS SO PAID  INTO
SUCH  FUND  OR  FUNDS  WHICH WERE RECEIVED BY OR FOR THE FOUR UNIVERSITY
CENTERS OF THE STATE UNIVERSITY  OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,
BUFFALO,  AND  STONY  BROOK,  SUNY  UPSTATE MEDICAL UNIVERSITY, AND SUNY
DOWNSTATE MEDICAL CENTER SHALL BE USED FOR EXPENSES  OF  THE  RESPECTIVE
FOUR  UNIVERSITY  CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY,
BINGHAMTON, BUFFALO, OR STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY, OR
SUNY DOWNSTATE MEDICAL CENTER IN CARRYING OUT ANY  OF  ITS  OBJECTS  AND
PURPOSES, INCLUDING, THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY
OF  NEW  YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  AND STONY BROOK, SUNY
UPSTATE MEDICAL UNIVERSITY, AND SUNY  DOWNSTATE  MEDICAL  CENTER'S  SUNY
INNOVATION AND ECONOMIC GROWTH ACT.
  S  2.  Section  4  of the state finance law is amended by adding a new
subdivision 11 to read as follows:
  11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION,  MONEYS  HELD  BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES,  SALES  OF  PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
PROCUREMENT OR SUPPLY CONTRACTS AND SOURCES AND ACTIVITIES OF  THE  FOUR
UNIVERSITY  CENTERS OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY, BING-
HAMTON, BUFFALO, OR STONY BROOK, SUNY  UPSTATE  MEDICAL  UNIVERSITY,  OR
SUNY  DOWNSTATE  MEDICAL  CENTER THAT ARE INTENDED TO BE SELF-SUPPORTING
SHALL BE PAID WITHOUT AN APPROPRIATION.
  S 3. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
  2. There are excepted from payment to  the  treasury  as  provided  by
subdivision  one of this section: (i) all moneys to which the provisions
of subdivision four of section four of this chapter  apply  unless  such
moneys  are held in a fund subject to appropriation; (ii) moneys held as
part of the principal of an endowment of the  state  university  of  New
York,  units  thereof and other state agencies; (III) MONEYS RECEIVED BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES, SAVINGS  UNDER  ENERGY  PERFORMANCE,
PROCUREMENT  OR  SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE

S. 5836                            24

FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW YORK  AT  ALBANY,
BINGHAMTON,  BUFFALO,  AND STONY BROOK, SUNY UPSTATE MEDICAL UNIVERSITY,
AND SUNY DOWNSTATE MEDICAL CENTER THAT ARE INTENDED TO BE  SELF-SUPPORT-
ING,  INCLUDING,  WITHOUT LIMITATION, ANY REVENUE RESULTING FROM TUITION
INCREASES AT THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF  NEW
YORK  AT  ALBANY,  BINGHAMTON,  BUFFALO,  OR  STONY  BROOK, SUNY UPSTATE
MEDICAL UNIVERSITY, OR SUNY DOWNSTATE MEDICAL CENTER DESCRIBED IN CLAUSE
(A) OF SUBPARAGRAPH FOUR OF PARAGRAPH H OF SUBDIVISION  TWO  OF  SECTION
THREE  HUNDRED  FIFTY-FIVE OF THE EDUCATION LAW; and [(iii)] (IV) moneys
received pursuant to a clinical practice plan  established  pursuant  to
subdivision  fourteen  of  section  two hundred six of the public health
law. In those cases where such moneys are held in  the  custody  of  the
state  officer  other  than the comptroller, the officer shall file with
the comptroller, at such times as the  comptroller  shall  determine,  a
detailed  statement,  in  such form and content as the comptroller shall
prescribe, for the period covered  by  the  statement.  The  comptroller
shall  from  time  to time, but not less than once in every three years,
examine the books and accounts relating to  such  moneys  heretofore  or
hereinafter  established, including its receipts, disbursements, invest-
ments, and any financial matters. An independent audit  of  such  moneys
may  be  authorized  by  the comptroller in lieu of his own examination,
which examination shall be  undertaken  within  twelve  months  of  such
authorization.
  S 4. This act shall take effect immediately.

                                 PART E

  Section  1.  Paragraph i of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is  amended  to
read as follows:
  i.  To  lease  to  alumni  associations  of  institutions of the state
university a portion of the grounds occupied by any institution  of  the
state  university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease  and
the  character  of the building to be erected shall be determined by the
state university trustees. Such lease, EXCEPT IN THE CASE OF LANDS OCCU-
PIED BY THE FOUR UNIVERSITY CENTERS OF THE STATE UNIVERSITY OF NEW  YORK
AT  ALBANY,  BINGHAMTON,  BUFFALO, AND STONY BROOK, SUNY UPSTATE MEDICAL
UNIVERSITY, AND SUNY DOWNSTATE MEDICAL CENTER, prior to  its  execution,
shall  be  submitted  to the attorney general for his approval as to its
form, contents and legal effect. Nothing  contained  in  this  paragraph
shall  affect the provisions of any lease heretofore executed by a board
of visitors of any state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university  to  furnish  heat
from  a  central  heating  plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
  S 2. This act shall take effect immediately.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of

S. 5836                            25

the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  5.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.